N.Y. NAV Law § 142

§ 142. Local marine facilities. (a) The commissioner is hereby\nauthorized to enter into agreements with municipalities, and\nmunicipalities are hereby authorized to enter into agreements with the\ncommissioner, concerning the construction, operation and maintenance of\nlocal marine facilities, including local marine facilities incidental to\na harbor of refuge.\n (b) Any such agreement shall include a provision for the construction\nof the facility, either by the municipality or by the state on behalf of\nthe municipality, in accordance with plans approved by the commissioner,\nand any such agreement shall include a provision requiring operation and\nmaintenance of the facility by the municipality.\n (c) In any such agreement the state may agree, within amounts\nappropriated therefor as allocated by the director of the budget, to pay\nto the municipality an amount to be determined by the commissioner not\nto exceed the lesser of (1) seventy-five per cent of the cost of the\nfacility, less any federal assistance received or to be received for the\nfacility and (2) fifty per cent of the cost of the facility; except that\nwhen the facility is constructed by the state on behalf of the\nmunicipality, the municipality shall agree to reimburse the state in an\namount to be determined by the commissioner not to be less than the cost\nof the facility less the sum of (1) any federal assistance received or\nto be received for the facility and (2) the lesser of (i) seventy-five\nper cent of the cost of the facility, less any federal assistance\nreceived or to be received for the facility and (ii) fifty per cent of\nthe cost of the facility. Whenever two or more municipalities agree to\nparticipate in a project, such municipalities, by agreement with the\ncommissioner and each other, shall agree to an equitable sharing of the\nlocal share of the cost of the project.\n (d) In the event a municipality shall fail to pay to the state the\nmunicipality's share of the cost of a facility constructed by the state\non behalf of the municipality within six months of the certification to\nthe municipality by the state comptroller of the amount of such share,\nthe state comptroller shall cause to be withheld from state assistance\nto which such municipality would otherwise be entitled, a sum sufficient\nto reimburse the state for any amount remaining unpaid, together with\ninterest on any such unpaid amount at the rate of three per cent per\nannum from the date of such certification. Monies so withheld shall be\ncredited against the amount of principal and interest payable by such\nmunicipality for its share of the cost of the facility.\n